pktgen

9 ms·

31.
by pktgen 9y ago
Quite simply, if you fail to opt out, you will have almost no chance at all of successfully fighting the arbitration agreement. Period. The Supreme Court precedent leaves little room for dispute on this point. So yes, everyone should follow
32.
by pktgen 9y ago
Unfortunately, the GOP Supreme Court has made these arbitration agreements nearly bulletproof. What you've written makes a lot of sense and is how it should be, but judges now have very little leeway in not enforcing arbitration agreem
33.
by pktgen 9y ago
Very enforceable, thanks to the GOP-stacked Supreme Court. See AT&T Mobility v. Concepcion ( https://www.supremecourt.gov/opinions/10pdf/09-893.pdf ) and Amex v. Italian Colors ( https://www.supremecou
34.
by pktgen 9y ago
Dropbox's ToS for their file storage service also has an arbitration clause: https://www.dropbox.com/privacy#terms . > We Both Agree To Arbitrate. You and Dropbox agree to resolve any claims relating to these Terms o
35.
by pktgen 9y ago
> Is this exact thing what's being considered in some of the more recent Supreme Court cases? https://www.npr.org/2017/10/06/555862822/no-class-action-sup... . -- but that's still being susse
36.
by pktgen 9y ago
> Company management may accept with varying levels of ease employees voluntarily sharing salary info with each other. May accept? No, in the US, they have to accept it (unless the employees are supervisors or working for one of the
37.
by pktgen 9y ago
The NLRB already filed a complaint against Tesla recently: https://cdn.arstechnica.net/wp-content/uploads/2017/09/CPT.3... .
38.
by pktgen 9y ago
> The problem with CFPB is that it sought to carve out its own view of what is right and proper for consumers of financial services without regard to the intent of Congress in having enacted the existing arbitration laws. Dodd-Frank spec
39.
by pktgen 9y ago
> Walmart, the nation’s largest private employer, and Kroger, the second biggest, said they were comfortable continuing to send Equifax their payroll data. Kroger has a large union workforce. It will be interesting to see if their unions
40.
by pktgen 9y ago
> For things like house, car, and life savings, I'm perfectly glad to go somewhere with physical ID. Heck, I'd love to see police stations offering this as a municipal service. Lying via internet form is pretty easy. Walking in
41.
by pktgen 9y ago
While UPS's motivation is obvious, their argument is valid. There is no good reason for FedEx Express drivers to not be covered by the NLRA.
42.
by pktgen 9y ago
FedEx Ground "contractors" are actually employees, just misclassified.
43.
by pktgen 9y ago
> You can, if you do it right, walk off your job and refuse to come back, and if you're disciplined for doing so, sue your employer. An employee's recourse for illegal retaliation is even easier than you say. You file a charge
44.
by pktgen 9y ago
If that was the case, it would be well-known because banks would not be able to get Equifax credit reports on consumers.
45.
by pktgen 9y ago
> Well, unless you belong to the minority of people on this forum with no assets in the stock market whatsoever (either directly or indirectly via a bank account, pension fund, etc), you are part of the system that profits off corporate
46.
by pktgen 9y ago
Agreed. In addition to judicial decisions, Obama's NLRB has issued several common-sense and worked-friendly decisions over the past several years. The Republican member(s), which were a minority but soon will be the majority, always di
47.
by pktgen 9y ago
Yes, according to https://www.nytimes.com/2015/11/01/business/dealbook/arbitra... : > One of the players behind the scenes, The Times found, was John G. Roberts Jr., who as a private lawyer repres
48.
by pktgen 9y ago
Besides the class action waiver which so blatantly violates the NLRA, an NLRB administrative law judge recently ruled that Uber's arbitration agreement is defective in another way: it is likely to be interpreted as prohibiting employee
49.
by pktgen 9y ago
I fear that you're right. It seems so blatantly obvious that employees collectively litigating employment-related claims is a "concerted activity for mutual aid or protection," and thus class action waivers do violate the NLR
50.
by pktgen 9y ago
It only takes a few minutes to file a NLRB charge. The charge form only requires a brief summary of the allegations (a few sentences, at most) and specifically tells you not to include any evidence (you provide that later, during or after m
51.
by pktgen 9y ago
The article suggests that the United Auto Workers union is involved: > It also asks Tesla to refrain from using anti-union rhetoric or action. In April, the United Auto Workers and three Tesla employees filed separate charges with the Na
52.
by pktgen 9y ago
> More likely, employees will unionize, and come to some agreement with management, or, they will fail to, and anyone attempting to unionize will be fired. (Illegally, but in at-will states, employees have almost zero recourse for that k
53.
by pktgen 9y ago
The parent poster is probably referring to the Naked Capitalism series, not FT. That series is now up to 9 parts: Part 1: http://www.nakedcapitalism.com/2016/11/can-uber-ever-deliver... Part 2: http://w
54.
by pktgen 10y ago
Yep, write random data to the entire drive before doing the secure erase. That way, even if the secure erase implementation is completely broken, at least the remaining data should be limited to the spare area of the drive.
55.
by pktgen 10y ago
Tallman is on the appellate level of the FISA court [1], which is why his name doesn't appear on that Wikipedia page. Pregerson isn't on the FISA court at any level. [1] http://www.fisc.uscourts.gov/fiscr_membershi
56.
by pktgen 10y ago
I don't know about that - is ~10 years in federal prison worth a few million dollars (after splitting it between Hansmeier and other co-conspirators)? Also, they're not going to get to keep the money. As lawyers, I'm betting
57.
by pktgen 10y ago
The judge in the middle is Judge Pregerson.
58.
by pktgen 10y ago
Not to mention their business model appears unsustainable to begin with: Part 1: http://www.nakedcapitalism.com/2016/11/can-uber-ever-deliver... Part 2: http://www.nakedcapitalism.com/2016/12&
59.
by pktgen 10y ago
And this is why making that yearly payment for your service actually makes me happy. :)
60.
by pktgen 10y ago
That's a good point. The best thing to do is avoid home networking equipment entirely. The Ubiquiti EdgeRouter products are cheap and good, as is building your own router and sticking Linux/*BSD/derivative distros on it.

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